DCF 250.10
DCF 250.10
Additional requirements for night care. DCF 250.10(1)(1)
Applicability. Family child care centers that operate during any period of time between 10:00 p.m. and 5:00 a.m. shall comply with the requirements of this section.
DCF 250.10(2)(a)
(a) When the same premises are used for the operation of both day care and night care, the number of children during any overlapping of the day care and night care periods may not exceed the maximum licensed capacity of the center.
DCF 250.10(2)(b)
(b) Minimum staff-to-child ratios and group sizes under Table DCF 250.055 shall be maintained during night care.
DCF 250.10(2)(c)
(c) The parent or center shall provide each child in care after 10:00 p.m. with an individually labeled sleeping garment and a toothbrush.
DCF 250.10(3)(a)
(a) Child care staff shall ascertain from a child's parent a child's typical family activities during the period the child is at the center for night care and strive to replicate those activities with the child.
DCF 250.10(3)(b)
(b) A center offering night care shall provide a self-contained room away from sleeping children where an awake child may engage in activities.
DCF 250.10(3)(c)
(c) An evening and morning schedule of program activities shall be planned for the hours that children in night care are awake.
DCF 250.10(3)(d)
(d) School-age children shall have an opportunity to read or do school work.
DCF 250.10(4)(a)
(a) A provider shall develop, submit to the department, and implement a plan to evacuate sleeping children in an emergency. Review of the plan shall be part of the orientation under s.
DCF 250.05 (3).
DCF 250.10(4)(b)
(b) Centers operating during hours of darkness shall have emergency lighting, such as an operable flashlight, readily available to a provider.
DCF 250.10(4)(c)
(c) Providers shall be awake, available, within call and able to respond to the needs of the children whenever children are in care.
DCF 250.10(5)(a)
(a) Breakfast shall be served to all children in care for the night, unless the parent specifies otherwise.
DCF 250.10(5)(b)
(b) A nighttime snack shall be available to all children in care.
DCF 250.10(5)(c)
(c) A child present at the time the evening meal is served shall be served the evening meal.
DCF 250.10(6)(a)
(a) Children who attend the center for the evening hours but not the whole night shall have an opportunity to sleep, as needed.
DCF 250.10(6)(b)
(b) Sleep routines for individual children shall be based on information provided by the parents.
DCF 250.10(6)(c)
(c) A bed, crib or cot with sheets and blankets individual to each child shall be provided for children spending the night.
DCF 250.10(6)(d)
(d) The center shall maintain a supply of extra sleeping garments and bedding for emergencies and accidents.
DCF 250.10(6)(e)
(e) Children under 2 years of age in night care shall sleep in cribs.
DCF 250.10 History
History: CR 03-052: cr.
Register December 2004 No. 588, eff. 3-1-05; corrections in (2) (b) and (4) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
EmR1918: emerg. am. (1), (2) (b), (c), (4) (a), eff. 1-30-19;
CR 19-089: am. (1), (2) (b), (c), (4) (a)
Register March 2020 No. 771, eff. 4-1-20; correction in (4) (a) made under s.
35.17, Stats.,
Register March 2020 No. 711.
DCF 250.11(1)(1)
Licensing requirement. If a person provides care on a regular basis to 4 or more children under the age of 7 years, that person shall be deemed to be providing care for compensation and shall be licensed.
DCF 250.11(2)(a)(a) Prior to receiving or continuing a license, an applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures that are due to the department.
DCF 250.11(2)(am)
(am) An applicant for a license to operate a family child care center shall be an individual.
DCF 250.11(2)(ar)
(ar) A person may not be issued a license to operate more than 2 family child care centers, unless the license for each center was issued prior to March 1, 2023.
DCF 250.11(2)(b)
(b) The department may refuse to issue or continue a license if another center operated by the licensee is in substantial non-compliance with the licensing rules or has any outstanding fines or forfeitures.
DCF 250.11(2)(c)
(c) Persons licensed to operate a family child care center shall be responsible, mature individuals who are fit and qualified. In determining whether an applicant is fit and qualified, the department shall consider any history of civil or criminal violations or other offenses substantially related to the care of children by the applicant, owner, manager, representative, employee, center resident or other individual directly or indirectly participating in the operation of the family child care center. A determination that a person is unfit and unqualified includes substantiated findings of child abuse or neglect under ch.
48, Stats., or substantiated abuse under ch.
50, Stats., or under similar statutes in another state or territory whether or not the abuse or neglect results in a criminal charge or conviction.
DCF 250.11(2)(d)
(d) The department shall issue a family child care license to an applicant within 60 working days after receipt and department approval of a properly completed application, satisfactory department investigation and determination that the applicant is fit and qualified. Continued licensure requires a licensee to remain fit and qualified.
DCF 250.11 Note
Note: See DCF 250.03 (11) for the definition of “fit and qualified."
DCF 250.11(2)(e)
(e) If the department has reason to believe that the physical or mental health of any person associated with the care of children at the center or any household resident of the center may endanger children in care, the department may require that a written statement be submitted by a physician or, if appropriate, by a licensed mental health professional that certifies the condition of the individual and the possible effect of that condition on the family child care center or the children in care.
DCF 250.11(2)(f)
(f) The department may deny or revoke the license if the examination specified under par.
(e) gives the department reasonable concern for the care of children.
DCF 250.11(2)(g)
(g) The department may not process an application for a license if the applicant has had a license or certification to operate a child care center revoked or denied within the last 2 years prior to the date of the application. An applicant is deemed ineligible to submit an application for a license and a person may not hire an employee within 2 years from the date an applicant or employee had a child care license or certification revoked or denied.
DCF 250.11(2)(h)
(h) The department shall consider a licensee who fails to submit any of the materials described in sub.
(4) or
(5) by the expiration or continuation date of a license to have surrendered the license and to no longer hold title to the license. The former licensee may not continue to operate the child care center.
DCF 250.11(3)
(3) Initial application for a probationary license. DCF 250.11(3)(a)(a) An applicant for a license shall have obtained pre-licensing technical assistance that results in a completed initial licensing study checklist from a representative of the department prior to submitting an application for a license.
DCF 250.11 Note
Note: 1. Information on how to obtain pre-licensing technical assistance is available from the appropriate regional office in Appendix A. The Department will provide the application form to an applicant upon completion of the pre-licensing technical assistance.
DCF 250.11 Note
Note: 2. An initial licensing study checklist includes a list of those rules that must be met before a license can be issued. A copy of the checklist is available from a representative of the Department or the appropriate regional office in Appendix A.
DCF 250.11(3)(b)
(b) An applicant for a license shall submit an application at least 60 days before the date proposed for the center to begin operating.
DCF 250.11(3)(c)
(c) An applicant for an initial license shall include all the following with the application form:
DCF 250.11(3)(c)2.
2. A completed background check request form for the applicant and, if the center will be located in a residence, any household member 10 years of age and above, and any applicable fees.
DCF 250.11(3)(c)3.
3. A statement from a representative of the department that details the results of any pre-licensing technical assistance.
DCF 250.11(3)(c)4.
4. A statement from the applicant that indicates the center is in compliance with all applicable items in this chapter.
DCF 250.11(3)(c)6.
6. Results of a vehicle safety inspection if the center will transport children.
DCF 250.11(3)(c)7.
7. Documentation of liability insurance on the child care business required under s.
DCF 250.04 (2) (g) if the center has cats or dogs that are in areas accessible to children.
DCF 250.11(3)(c)9.
9. Any other materials determined by the department as necessary to complete the department's licensing investigation.
DCF 250.11(3)(d)
(d) Upon submission of a complete application, the department shall conduct an investigation to determine whether the applicant is eligible for a license.
DCF 250.11(3)(e)
(e) If the department determines that the applicant is eligible for a license, the department shall issue a probationary license having a 6 month duration. A probationary license may be renewed for one 6-month period.
DCF 250.11(3)(f)
(f) If the department determines that an application does not comply with the applicable requirements of this chapter or the department's investigation determines that the applicant is not eligible for a license, the department may deny the application.
DCF 250.11(4)(a)
(a) At least 30 days before the expiration date of a probationary license, an applicant for license renewal shall submit to the department the following materials:
DCF 250.11(4)(a)6.
6. Results of a vehicle safety inspection if the center will transport children.
DCF 250.11(4)(a)7.
7. Documentation of liability insurance on the child care business required under s.
DCF 250.04 (2) (g) if the center has cats or dogs that are in areas accessible to children.
DCF 250.11(4)(a)8.
8. Any other materials determined by the department as necessary to complete the department's licensing investigation.
DCF 250.11(4)(b)
(b) If the department determines that the applicant has met the minimum requirements for a license under this chapter and if the applicant has paid the applicable fees under ss.
48.65 and
48.686, Stats., any unpaid forfeiture under s.
48.715 (3) (a) or
49.155 (7m) (a) 3., Stats., and any unpaid penalty under s.
48.76, Stats., the department shall issue the applicant a regular license.
DCF 250.11(5)(a)
(a) A regular license shall be valid indefinitely, unless suspended or revoked by the department or surrendered by the licensee. The department shall review a regular license every 2 years after the date of issuance.
DCF 250.11(5)(b)
(b) At least 30 days before the continuation review date of the license, an applicant for license renewal shall submit to the department the following materials:
DCF 250.11(5)(b)6.
6. Results of a vehicle safety inspection if the center will transport children.
DCF 250.11(5)(b)7.
7. Documentation of the liability insurance on the child care business required under s.
DCF 250.04 (2) (g) if the center has cats or dogs that are in areas accessible to children.
DCF 250.11(5)(b)8.
8. Any other materials determined by the department as necessary to complete the department's licensing investigation.
DCF 250.11(5)(c)
(c) If the department determines that the licensee has met the minimum requirements for a license under this chapter and if the applicant has paid the applicable fees under ss.
48.65 and
48.686, Stats., any unpaid forfeiture under s.
48.715 (3) (a) or
49.155 (7m) (a) 3., Stats., and any unpaid penalty under s.
48.76, Stats., the department shall issue the applicant a regular license. Regular licenses shall be reviewed and continued for a 2-year period.
DCF 250.11(6)(a)
(a) A licensee shall submit to the department a written request for an amendment to the license if the licensee wishes to change any of the following aspects of the license:
